ARTICLE III

Declaration and enumeration of a person’s rights and privileges

 designed by the Constitution to protect against violations by

the government OR by and individual or groups of individuals

 A charter of liberties for the individual and a limitations upon

the power of the State
CLASSES OF RIGHTS
•Natural Rights – rights possessed by every citizen without
being granted by the State for they are given to man
by God
• Constitutional Rights – rights which are conferred and
protected by the Constitution
• Statutory Rights – rights which are provided by law-making
body and consequently, may be abolished by them
“Liberty is a blessing without which life is a misery, but
should not be made to prevail over authority because
then society will fall into anarchy (Calalang vs. Wiliams,
70 Phil. 720)
 RIGHTS

NATURAL RIGHTS STATUTORY RIGHTS

CONSTITUTIONAL RIGHTS

POLITICAL RIGHTS CIVIL RIGHTS SOCIAL & ECONOMIC RIGHTS OF THE

RIGHTS ACCUSED
Rights of the Rights which the
citizen law will enforce Rights which are Civil rights
which give them at the instance of intended to insure intended for the
the power to private the well-being and protection of a
participate, individuals for economic security person accused of
directly or the purpose of of the individual any crime
indirectly in the securing to them
establishment or the enjoyment of
administration of their means of
the government happiness
 What are POLITICAL RIGHTS?
Right of citizenship (Art. IV)
Right to suffrage (Art.V)
Right to information on matters of public concern (Sec. 7)

What are CIVIL RIGHTS?

Rights to due process and equal protection of the laws (Sec.1)
Rights against involuntary servitude (Sec 18 [2]) and imprisonment
for non payment of debt or poll tax (Sec. 20)
The constitutional rights of the accused (Sec.11-22)
Social and economic rights
Religious freedom (SEC.5)
Liberty of abode and changing the same (Sec.6)
Right against impairment of obligation of a contract (Sec. 10)
Freedom of speech, of expression, or of the press, the right to
assemble and petition, and the right to form associations (Sec. 4, 8)
 What are SOCIAL AND ECONOMIC RIGHTS?

Right to property (Sec.1) and the right to just compensation

for private property taken for public use (Sec. 9)
Promotion of social justice (Art. XIII)
The conservation and utilization of natural resources (Art.XII,
Sec. 2)
Promotion of education (Art XIV, Sec. 1, 2, 5), science and
technology, arts, and culture

 What are RIGHTS OF THE ACCUSED?

Provisions of Sec 11 to 22
 POWERS OF THE GOVERNMENT

 Eminent Domain – right or power of the State or of those to whom

the power has been lawfully delegated to take private property
for public use upon paying just compensation to the owner
ascertained by law

 Police Power – power of the State to enact such laws or regulations

in relation to persons and property as may promote public
health, public morals, public safety, and the general welfare
and convenience of the people

 based on the TWO LATIN MAXIMS:

 salus populi suprema est lex (the welfare of the people is the
supreme law)
Sic uterre tuo ut alienum non laedas (so use your own as not to
injure another’s property)
 Taxation – power of the State to impose charge or burden
upon persons, property, or property rights, for the use
and support of the government and enable it to
discharge its appropriate functions

Taxes: enforced proportional contributions from persons

and property levied by the lawmaking body for the support
of government and all public needs
 What are my CIVIL RIGHTS?
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied
the equal protection of the laws.
There is due process when (deprivation):
• under the authority of a law that is valid
• after compliance with fair and reasonable
methods of procedure prescribed by law

ASPECTS
 Procedural due process – method or manner by
which the law is enforced
“ procedure which hears before it condemns, which proceeds upon inquiry, and
renders judgment only after trial” - Daniel Webster
MUST BE PRESENT: requirement of NOTICE & HEARING

 Substantive due process – requires law enforced would be fair,

reasonable, and just
Equal protection of the laws
-signifies that all persons subject to
legislation should be treated alike, under
like circumstances and conditions both in
the privileges conferred and liabilities
imposed
REASONABLE CLASSIFICATION:
• foreign corporations are made to pay
higher amount of taxes than that paid by domestic corporations
• certain professions (e.g. sumo wrestling) are limited to men
• certain privileges for leaves and shorter hours of labor extended to
women by reason of the physical structure and maternal functions,
are not extended to men
• preference is given to Filipino citizens in the lease of public stalls
• different professions are taxed at different amounts
• employment in factories of children under designated ages is
prohibited
 Section 3. (1) The privacy of
communication and correspondence shall
be inviolable except upon lawful order of
the court, or when public safety or order
requires otherwise as prescribed by law
(2) Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding
right to privacy – right to be left alone
- right of a person to be free from
undesired publicity, or disclosure
- the right to live without
unwarranted interference by the
public in matters with which the
public is not necessarily concerned
 LIMITATIONS ON THE RIGHT OF
PRIVACY OF COMMUNICATION
(1) Permissible interference
 upon lawful order of the court
 when public safety or order requires otherwise as prescribed by
law
(2) Intervention of the court
 (1a) must be interpreted in the light of the requirements for the
issuance of a search warrant
 (1b) right is subject to the police power of the State and in this case,
the intervention of the court is not essential
Writ of habeas data
judicial remedy available to any individual whose right to privacy in life,
liberty, or security is violated or threatened by an unlawful act or omission
of a public official or employee or of a private individual or entity engaged
in the gathering, collecting, or storing of data or information regarding the
person, family, home and correspondence of the aggrieved party
Purpose:
 secure the privacy of an individual by way of regulating the processing
of personal information or data about him
 gives an individual the right to find out what information is being kept
about him and what use and for what purpose such data are being
collected
Section 4. No law shall be passed
abridging the freedom of speech,
of expression, or of the press, or
the right of the people peaceably
to assemble and petition the
government for redress of
grievances

freedom of speech and

expression, and of the press
 Freedom of Expression
implies the right to freely utter and publish whatever one
pleases without previous restraint, and to be protected
against any responsibility for so doing as long as it does
not violate the law, or injure someone’s character,
reputation or business

 includes the specific guarantee free of:

 free speech & free press
 rights of assembly and petition
 right to form associations
 right to religious freedom
 Right of petition
right of any person or group of
persons to apply, without fear of
penalty, to the appropriate branch
or office of the government for
redress of grievances

Right to assembly
right on the part of the citizens to
meet peaceably for consultation in
respect to public affairs
 Section 5. No law shall be made
respecting an establishment of religion, or
prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession
and worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the exercise
of civil or political rights.
Religious freedom - right of man to worship God,
and to entertain such religious views as
appeal to his individual conscience,
without dictation or interference by any
person or power, civil or ecclesiastical
ASPECTS OF RELIGIOUS FREEDOM:

1. The Separation of Church and State

2. Freedom from religious profession and worship

 Section 6. The liberty of abode
and of changing the same within the
limits prescribed by law shall not be
impaired except upon lawful order of
the court. Neither shall the right to
travel be impaired except in the
interest of national security, public
safety, or public health, as may be
provided by law.
Liberty of abode and travel
right of a person to have his home
in whatever place chosen by him and
thereafter to change it at will, and to go
where he pleases, without interference
from any source
PERMISSIBLE INTERFERENCE:

1. Except upon lawful order of the court

2. Except when interest of national security, public
safety, or public health as may be provided by law

EXAMPLE:
 Observance of curfew hours in time of war or national
emergency
 Commitment of mentally deranged persons to a
mental institutions
 Confinement of those with communicable diseases to
a hospital
 Arrest and detention of persons accused of crimes
Section 7. The right of the people to
information on matters of public
concern shall be recognized. Access
to official records, and to
documents, and papers pertaining to
official acts, transactions, or
decisions, as well as to government
research data used as basis for
policy development, shall be
afforded the citizen, subject to such
limitations as may be provided by
law.
Section 8. The right of the people,
including those employed in the
public and private sectors, to form
unions, associations, or societies
for purposes not contrary to law
shall not be abridged.

right to form associations

freedom to organize or to be a
member of any group or association,
union, or society, and to adopt the
rules which the members judge
most appropriate to achieve their
purpose
 What are the RIGHTS OF THE ACCUSED?
Section 2.
The right of the people to be secure in
their persons, houses, papers, and
effects against unreasonable searches
and seizures of whatever nature and for
any purpose shall be inviolable, and no
search warrant or warrant of arrest Search warrant
shall issue except upon probable cause an order in writing, issued in the name of
to be determined personally by the the People of the Philippines, signed by a
judge after examination under oath or judge and directed to a Peace officer,
commanding him to search for certain
affirmation of the complainant and the
personal property and bring it before the
witnesses he may produce, and court
particularly describing the place to be
searched and the persons or things to Warrant of arrest
a command to arrest a person
be seized.
designated; to take him into custody in
order that he may be bound to answer
for the commission of an offense
 Requisites for a valid search warrant or warrant of arrest?

 must be issued upon probable cause;

Probable cause
facts and circumstances antecedent
to the issuance of a warrant
sufficient in themselves to induce a
cautious man to rely upon them and
act in pursuance
thereof
 the probable cause must be determined
personally by the judge himself;
 such determination of the existence of
probable cause must be made after
examination by the judge of the
complainant and the witnesses he may
produces; and
 The warrant must particularly describe
the place to be searched, and the persons
or things
to be seized
 MADE WITHOUT WARRANT
SEARCH AND SEIZURE ARREST
 where there is consent or waiver; From a peace officer or private person
 in his presence, the person
 where search is an incident to a to be arrested has committed, is
lawful arrest; actually committing, or is
attempting to commit an offense
 in case of contraband or forfeited
goods being transported by ship,  has personal knowledge of facts
automobile, or other vehicle, where indicating that the person to be
The officer making it has reasonable
arrested has committed it;
cause for believing that the latter
contains them, in view of the difficulty
 when a person to be arrested is a
attendant to securing a search warrant;
prisoner who has escaped from a
 where, without a search, the penal judgment or temporarily
possession of articles prohibited by law confined while his case is pending,
is disclosed to plain view or has escaped while being
or is open to eye and hand; transferred from one confinement
to another
as an incident of inspection, supervision and regulation in the exercise of
police power such as inspection of restaurants by health officers, or factories
by labor inspectors, etc. the same thing maybe said of inspection of books of
accounts by revenue examiners

 routinary searches usually made at the border or at ports of entry in the

interest of national security
and for the proper enforcement of customs and immigration laws
FRUIT OF THE POISONOUS TREE DOCTRINE
Evidence will be excluded if it was gained through evidence uncovered in
an illegal arrest, unreasonable search or coercive interrogation, or violation
of a particular exclusionary law

Evidence discovered because of knowledge gained from the first illegal

search, arrest, or interrogation or violation of a law

Based on the principle that evidence illegally obtained by the state should
not be used to gain other evidence because the original illegally obtained
evidence taints all those subsequently obtained
http://www.batasnatin.com/law-library/remedial-law/evidence/1087-admissibility-of-evidence.html
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent

until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been
duly notified and his failure to appear is unjustifiable.
The accused must be:
 tried before a competent court (i.e. court having jurisdiction)
 given a fair and impartial trial; and
 allowed to use all legal means and opportunity to defend himself
The judgment awarded against him must be within the authority of a
valid law.

 right to presumption of innocence

 right to be heard by himself and counsel
• ARRAIGNMENT - is made in open court by the judge or
clerk, and consists in furnishing the accused a copy of
complaint or information with the list of witnesses,
reading the same in the language or dialect known to
him and asking him whether he pleads guilty or not.
 right to be informed of the nature and cause of the accusation
against him
 right to have a speedy, impartial, and
public trial
 right to confrontation of witnesses
 cross-examination of witnesses by the accused
 assessment by the court of witness’ credibility

 right to compulsory production of witnesses and evidence

 entitled to have subpoenas issued to compel the attendance of
witnesses in his favor, including warrant of arrest if needed
 may ask the court to order (subpoena duces tecum) a person to
produce in court certain documents, articles, or other evidence
and testify

Can trial proceed in the absence of the accused?

• he has been arraigned
• he has been duly notified of the trial; and
• his failure to appear is unjustifiable
Section 13. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be
required.
BAIL
is the security required by a court and given
for the provisional or temporary release of a
person who is in the custody of the law
conditioned upon his appearance before any
court as required under the conditions
specified
Purpose:
 relieve an accused from imprisonment until
conviction & yet secure his appearance at the trial
 may be in form of cash deposit, property bond, bond secured
from a surety company, or recognizance
Who may not invoke the right to bail?
 applicant is not yet in custody of the law
 one charged with capital offense (reclusion perpetua, life imprisonment,
or death if evidence of his guilt is strong)
CAPITAL OFFENSE
is an offense which, under the law existing at time of its commission, and at
the time of the application to be admitted to bail, may be punished with
reclusion perpetua, life imprisonment, or death

 after the accused has commenced to serve sentence

 Section 17. No person shall be compelled to be a witness against
himself .
-Protection against self-incrimination which may
expose a person to criminal liability
On the grounds:
• PUBLIC POLICY ‘if the party is required to testify,
he would be placed under the strongest
temptation to commit the crime of perjury
• HUMANITY prevents the extortion of confession
by duress

right to silence the accused’ failure or refusal to testify, may not be used
as a presumption of guilt or taken as evidence against him
MIRANDA RIGHTS
the requirement that prior to the time of arrest and any interrogation of
a person suspected of a crime, he/she must be told that he/she has: "the
right to remain silent, the right to legal counsel, and the right to be told
that anything he/she says can be used in court against" him/her.
NATURE OF GUARANTEE
 purely personal and may be waived
 may not be invoked to protect a person against being compelled to
testify to facts which may expose him only to public ridicule or tend to
disgrace him
 may not be invoked simply because the testimony might subject one to
some liability not arising from any criminal action
 applicable only to a present not a past criminality
 can be availed of only against testimonial compulsion
INSTANCES OF ABSENCE OF TESTIMONIAL COMPULSION
 accused is forced to discharge morphine from his mouth
 accused is compelled to place his foot on a piece of paper to secure his
footprint
 accused is compelled to be photographed or to remove his garments and
his shoes
 where a woman accused of adultery is compelled to permit her body to be
examined by physicians to determine if she is pregnant
 the voluntary confession of the accused is admitted at the trial
Section18. (b) No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall have
been duly convicted.
Involuntary servitude
denotes a condition of enforced, compulsory service of one to another
Slavery
 Peonage
Prohibition does not apply:
• when the involuntary servitude is imposed as a punishment for a crime
whereof the party shall have been duly convicted
• when personal military or civil service is required of citizens for the
defense of the State
• to injunctions requiring striking laborers to return to work pending settle-
ment of an industrial dispute
• to exceptional services, such as military and naval enlistment
• to exercise by parents of their authority to require their children to perform
reasonable amount of work
• when there is proper exercise of the police power of the State
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
Right against double jeopardy
Means that when a person is charged with an offense and the case is
terminated either acquittal or conviction or in any other manner without the
express consent of the accused, the latter cannot again be charged with the
same or identical offense
There is double jeopardy when the accused:
 has been previously brought to trial
 in a court of competent jurisdiction
 under a valid complaint or information
 has been arraigned to the charge
 has been acquitted or convicted or the case against him has been dismissed
or otherwise terminated without his express consent
 is being charged again for the same offense
 Section 22. No ex post facto law or bill of attainder shall be enacted.
Ex post facto law is one which, operating retrospectively:
1) Makes an act done before the passage of a law, innocent when done,
criminal, and punishes such act;
2) Aggravates a crime or makes it greater than when it was committed;
3) Changes the punishment and inflicts a greater punishment than what
the law annexed to the crime, when committed;
4) Alters the legal rules of evidence, and receives less testimony than or
different testimony from what the law required at the time of the
commission of the offense, in order to convict the offender
Characteristics:
 relate to penal or criminal matters only
 retroactive in their operation
 deprive persons accused of some protection or defense previously
available, to their advantage; absolutely prohibited unless they are
favorable to the accused
 Bill of attainder
Legislative act which inflicts punishment without a judicial trial

Bill of pains and penalties

An act which inflicts punishment that is less than death